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91_HB3424eng HB3424 Engrossed LRB9110728MWpc 1 AN ACT to amend the Illinois Municipal Code by changing 2 Section 3.1-10-50. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Municipal Code is amended by 6 changing Section 3.1-10-50 as follows: 7 (65 ILCS 5/3.1-10-50) 8 Sec. 3.1-10-50. Vacancies. 9 (a) A municipal officer may resign from office. A 10 vacancy occurs in an office by reason of resignation, failure 11 to elect or qualify (in which case the incumbent shall remain 12 in office until the vacancy is filled), death, permanent 13 physical or mental disability rendering the person incapable 14 of performing the duties of his or her office, conviction of 15 a disqualifying crime, abandonment of office, removal from 16 office, or removal of residence from the municipality or, in 17 the case of aldermen of a ward or trustees of a district, 18 removal of residence from the ward or district, as the case 19 may be. An admission of guilt of a criminal offense that 20 would, upon conviction, disqualify the municipal officer from 21 holding that office, in the form of a written agreement with 22 State or federal prosecutors to plead guilty to a felony, 23 bribery, perjury, or other infamous crime under State or 24 federal law, shall constitute a resignation from that office, 25 effective at the time the plea agreement is made. For 26 purposes of this Section, a conviction for an offense that 27 disqualifies the municipal officer from holding that office 28 shall occur on the date of the return of a guilty verdict or, 29 in the case of a trial by the court, the entry of a finding 30 of guilt. 31 (b) If a vacancy occurs in an elective municipal office HB3424 Engrossed -2- LRB9110728MWpc 1 with a 4-year term and there remains an unexpired portion of 2 the term of at least 28 months, and the vacancy occurs at 3 least 130 days before the general municipal election next 4 scheduled under the general election law, the vacancy shall 5 be filled for the remainder of the term at that general 6 municipal election. Whenever an election is held for this 7 purpose, the municipal clerk shall certify the office to be 8 filled and the candidates for the office to the proper 9 election authorities as provided in the general election law. 10 If the vacancy is in the office of mayor, the city council 11 shall elect one of their members acting mayor; if the vacancy 12 is in the office of president, the vacancy shall be filled by 13 the appointment by the trustees of an acting president from 14 the members of the board of trustees. In villages with a 15 population of less than 5,000, if each of the members of the 16 board of trustees either declines the appointment as acting 17 president or is not approved for the appointment by a 18 majority vote of the trustees presently holding office, then 19 the board of trustees may appoint as acting president any 20 other village resident who is qualified to hold municipal 21 office. The acting mayor or acting president shall perform 22 the duties and possess all the rights and powers of the mayor 23 or president until a successor to fill the vacancy has been 24 elected and has qualified. If the vacancy is in any other 25 elective municipal office, then until the office is filled by 26 election, the mayor or president shall appoint a qualified 27 person to the office subject to the advice and consent of the 28 city council or trustees. 29 (c) In a 2 year term, or if the vacancy occurs later 30 than the time provided in subsection (b) in a 4 year term, a 31 vacancy in the office of mayor shall be filled by the 32 corporate authorities electing one of their members acting 33 mayor; if the vacancy is in the office of president, the 34 vacancy shall be filled by the appointment by the trustees of HB3424 Engrossed -3- LRB9110728MWpc 1 an acting president from the members of the board of 2 trustees. In villages with a population of less than 5,000, 3 if each of the members of the board of trustees either 4 declines the appointment as acting president or is not 5 approved for the appointment by a majority vote of the 6 trustees presently holding office, then the board of trustees 7 may appoint as acting president any other village resident 8 who is qualified to hold municipal office. The acting mayor 9 or acting president shall perform the duties and possess all 10 the rights and powers of the mayor or president until a mayor 11 or president is elected at the next general municipal 12 election and has qualified. A vacancy in any elective office 13 other than mayor or president shall be filled by appointment 14 by the mayor or president, with the advice and consent of the 15 corporate authorities. 16 (d) Municipal officers appointed or elected under this 17 Section shall hold office until their successors are elected 18 and have qualified. 19 (e) An appointment to fill a vacancy in the office of 20 alderman shall be made within 60 days after the vacancy 21 occurs. The requirement that an appointment be made within 22 60 days is an exclusive power and function of the State and 23 is a denial and limitation under Article VII, Section 6, 24 subsection (h) of the Illinois Constitution of the power of a 25 home rule municipality to require that an appointment be made 26 within a different period after the vacancy occurs. 27 (f) If the council or board fails to give its advice and 28 consent to an appointment of a qualified person to the office 29 of alderman or trustee prior to the 60th day after a vacancy 30 occurs and if the mayor or president has nominated a minimum 31 of 2 persons for appointment and each has failed to be 32 confirmed, the mayor or president may make a temporary 33 appointment from those persons who were nominated but failed 34 to be confirmed by the council or board. That person shall HB3424 Engrossed -4- LRB9110728MWpc 1 serve until an appointee has been nominated, confirmed, and 2 qualified or until a person has been elected and qualified. 3 (Source: P.A. 90-429, eff. 8-15-97; 90-707, eff. 8-7-98; 4 91-357, eff. 7-29-99.)